Rule 4.3 Caution

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

rule 1.12-1.16E applied 2016 asp 21 s. 14B (as inserted) by Insolvency (Regulation (EU) 2015/848) 2017 reg. 4(8)
Rules applied (with modifications) by Building Society Special Administration 2009 rule 38-41
Rules applied (with modifications) by Limited Liability Partnerships 2001 reg. 6(1)
Rules specified provisions applied (with modifications) by Collective Investment in Transferable Securities (Contractual Scheme) 2013 Sch. 4
rule 4.3 applied by Building Society Insolvency 2010 rule 13

The cost of providing the caution required by the provisional liquidator under the Act shall unless the court otherwise directs be -

(a)

if a winding up order is not made, reimbursed to him out of the property of the company, and the court may make an order against the company accordingly, and

(b)

if a winding up order is made, reimbursed to him as an expense of the liquidation.